IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) STATE V. AMARO-SANCHEZ NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). STATE OF NEBRASKA, APPELLEE, V. ISRAEL AMARO-SANCHEZ, APPELLANT. Filed April 11, 2023. No. A-22-899. Appeal from the District Court for Douglas County: JAMES M. MASTELLER, Judge. Affirmed. Thomas C. Riley, Douglas County Public Defender, and Rebecca A. McClung for appellant. Michael T. Hilgers, Attorney General, and Teryn Blessin for appellee. PIRTLE, Chief Judge, and MOORE and WELCH, Judges. WELCH, Judge. I. INTRODUCTION Israel Amaro-Sanchez appeals his plea-based convictions for attempted first degree sexual assault and incest with a victim aged 17 or under. Amaro-Sanchez contends that the sentences imposed were excessive and that trial counsel was ineffective in failing to file a motion for discovery, failing to file a motion for production, and failing to advise him of the possible immigration consequences of his pleas. For the reasons set forth herein, we affirm. II. STATEMENT OF FACTS Following an investigation stemming from allegations of inappropriate conduct with his 16-year-old daughter, Amaro-Sanchez was charged with first degree sexual assault, a Class II felony, and incest (victim 17 years old or younger), a Class IIA felony. Pursuant to a plea -1- agreement, Amaro-Sanchez pled no contest to attempted first degree sexual assault and incest (victim 17 years old or younger), both Class IIA felonies. The State provided a factual basis which set forth that, upon responding to a hospital report of a sexual assault, the victim’s mother advised investigators that her husband, Amaro-Sanchez, had sexually assaulted his biological daughter who was born in April 2006. During a forensic interview, the victim reported that Amaro-Sanchez provided her with beer and shots of whiskey, then subjected her to cunnilingus and digital penetration of her vagina. After the victim told Amaro-Sanchez to stop, Amaro-Sanchez told her not to tell anyone and that he did not want to go to jail. At the time of the offenses, Amaro-Sanchez was 41 years old. At the sentencing hearing, the district court stated: In determining the appropriate sentence in this case, I have considered the factors set forth in Nebraska Revised Statute Section 29-2260, as well as the defendant’s age, mentality, education and experience, social and cultural background, past criminal record or record of law-abiding conduct, the motivation for the offense, the nature of the offense, and the amount, if any, of violence involved in the commission of the offense. [Amaro-Sanchez] is 41 years old. As to what brings him before the Court, basically, the sheriff’s office was dispatched to the hospital shortly after midnight on May 30 of this year, where they made contact with the stepmother of the minor child . . . who advised that her husband, [Amaro-Sanchez], had sexually assaulted his daughter tonight while [the stepmother] was at work. The victim advised that [Amaro-Sanchez] . . . had her consume approximately four …
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